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78-47 ~ e 75-11 & e e CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA RESOLUTION ERIE, WEST 77th STREET & CHAN VIEW PROJECTS 75-11 and 77-3 Date: September 5, 1978 Motion by Councilman Pearson Resolution No. 78-47 Seconded by CouncilmanNeveaux BE IT RESOLVED by the City Council of Chanhassen, Minnesota, as follows: 1. The'amount proper and necessary to be specially assessed at this time for Erie, West 77th & ChanView Street & Storm Sewer Project Concrete Curb & Gutter Project 77-3 against every assessable lot, piece or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published and mailed as required by law, that this Coun- cil would meet to hear, consider, and pass upon all objections, if any, and said proposed assessment has at all times since its filing been open for public inspection, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessments, and said proposed assessment has been amended as to certain parcels of land as to the Council seems just. 2. This Council, having heard and considered all objections so presented, and being fully advised in the premises, finds that each of the lots, pieces and parcels of land enumerated in the pro- posed assessment as so amended was and is specially benefitted, as measured by the increase in market value thereof, by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece and parcel of land, and such amount so set out is hereby levied against each of the re- spective lots, pieces and parcels of land therein described. 3. The assessment against each parcel, together with interest at the rate of 7 % per annum accruing on the full amount thereof from time to time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof. The total amount of each such assessment shall be payable in equal annual principal installments extending over a period of 10 years, the first of said installments, together with interest on the entire assessment from the date hereof to December 31, 1979 , to be collectable with general taxes in the year 1979 , and one of each of the remaining installments, together with one year's inte- rest on that and all other unpaid installments, to be payable with general taxes in each consecutive year thereafter until the entire assessment is paid. 4. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assess ments, on notice and hearing as provided for by the assessments herein made, upon any properties abutting on the improvement but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. " e 'e e ,. . , fi' '."-; " ." 5. To the extent that this improvement benefits non-abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefor, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes, ~429.051, to reimburse the City by adding the portion of the costs so paid to the assessments levied for any such later extensions or improvements. 6. Prior to certification of the first installment of the assessment to the County Auditor, the owner of any lot, piece or par- cel of land assessed hereby may at any time pay the whole of such assessment with interest to the date of payment, to the City Treasurer, or he may make partial payments pursuant to the ordinances providing therefor, but no interest shall be charged if such whole or partial payment is made within 30 days after the date of this resolution; and he may thereafter pay to the County Treasurer the installment and interest in process of collection on the then current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 7. The City Clerk/Manager shall file the assessment rolls pertaining to this assessment in his office and shall certify annually to the county auditor on or before October 10 of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. 8. The City Clerk/Manager shall also mail to each owner of a right of way or public property included in the assessment roll a notice specifying the amount payable by such owner as required by Minnesota Statutes, ~429.061, Subd. 4. Adopted by the Council of the City of Chanhassen this 5th day of September , 19 78. ~~~~~ MAYOR ATTESTi.Ul Oa~~~ City Cle Manager